The U.S. Department of Labor (DOL) recently announced the launch of an enhanced electronic version of its Handy Reference Guide to the Fair Labor Standards Act (FLSA). This new online version of one of the Wage and Hour Divisions (WHD) most popular publications is intended to assist American employers and workers with a simple, easy-to-follow resource that provides basic WHD information, as well as links to other resources.
New Deadline to Submit EEO-1 Data Extended Until May 31, 2019
勛圖窪蹋厙 of America submitted comments supporting the National Labor Relations Boards proposed rule on joint-employer status with certain clarifications January 28. The rule would reinstate a standard establishing joint-employer status under the National Labor Relations Act only when a company actually exercises substantial direct and immediate control over essential terms and conditions of employment of another companys employees and does so in a manner that is not limited and routine. It would reverse the 勛圖窪蹋厙-opposed Browning-Ferris Industries decision that was issued by the Obama Board in 2015 and recently upheld by a federal circuit court.
According to the latest Contractor Compensation Quarterly (CCQ) published by PAS, Inc., construction support staff wages are to rise by an average 3.4% by 2018 year end and pay increases have been fairly consistent the past few years. The prediction is based on data gathered from over 165 companies in the 15th edition of PASs Construction Support Staff Salary Survey. Though the projected 2018 increase is 3.4% for administrative and technical support, it is pointed out that historically support staff predictions are low, so year-end 2018 might look similar to 2017 and come in with a 3.5% increase.
On December 27, 2018, in IBEW Local 357 (Desert Sun Enterprises), the National Labor Relations Board (NLRB) issued a decision reaffirming its longstanding rule that, when a union notifies a neutral employer of its intent to picket a primary employer (the employer with which it has a direct dispute) at a site where both employers are operating, the union must include assurances that it that the picketing will conform to the NLRBs Moore Dry Dock standards. The decision is consistent with an amicus brief filed by 勛圖窪蹋厙 and is important for contractors and owners.
The Union Contractors Committee will host a session during 勛圖窪蹋厙 of Americas 2019 Annual Convention called the State of the (Operating Engineers) Union featuring guest speaker Jim Callahan, general president of the International Union of Operating Engineers. The session is scheduled for April 3 at 3:00 p.m. and is open to all convention registrants. The convention will take place April 1-4 in Denver, CO.
The National Labor Relations Boards current joint employer standard has received a mixed review from a federal circuit court. The decision is disappointing to 勛圖窪蹋厙, which sought reversal of the standard in an amicus brief in the case, but it provides some valuable guidance on how courts may evaluate the Boards ongoing rulemaking efforts.
Expands Employer and Employee Insurance Options
勛圖窪蹋厙 recently submitted official comments on a Department of Labor (DOL) proposed rulemaking intended to make it easier for smaller businesses to band together and offer retirement plans to employees. As outlined in the response, 勛圖窪蹋厙 appreciates the DOLs efforts to increase retirement coverage through expanding access to Multiple Employer Plans (MEPs) for small businesses (which describes the vast majority of firms in the construction industry) and recommends that the Department further reduce barriers and liabilities of participating in a MEP, such as the joint liability for the qualification failures of every other employer in the MEP (known as the one bad apple rule). Additionally, 勛圖窪蹋厙 urges the DOL to be mindful of Chapter provided retirement plans, especially those that currently exist today, and take the necessary steps to ensure that the proposed modifications to current law do not arbitrarily disrupt the quality retirement options that these arrangements consistently provide.